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HomeMy WebLinkAbout1977-11-21 MinutesMINUTES OF A BOARD OF ADJUSTMENT MEETING A meeting of the Fayetteville Board of Adjustment was held at 3:45 P. M., Monday, November 21, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Chairman Carl Yates, Richard Osborne, Larry Smith, Mrs. Don Mills, Dr. James White, Chester House. David Newbern. Bobbie Jones, Angie Medlock, David McWethy, Scott Van Laningham, Vernon Wilson, Chad Kumpe, Chuck Hoffman, Thomas Glenn, and other unidentified persons. Chairman Carl Yates called the meeting to order. The first item for discussion was the public hearing on the Appeal No. 77-33, Thomas M. Glenn, d/b/a Glenn's Cleaners and Laundry, 20 North School Street, on an application to vary maximum area of lot covered by building and setbacks, or more specifically, he is asking for a rear yard setback of 10 feet and the required is 20 feet. He is also asking that the maximum buildable area (40%) be increased from 1280 square feet to 1680 square feet. Mr. Thomas Glenn and Chad Kumpe were present to represent. Chad Kumpe said Mr. Glenn is here at the insistence of Urban Renewal. He said Mr. Glenn's cleaners is not in conformance with Urban Renewal. His present building occupies 960 square feet but the lower ; is taken up exclusively with hot water tanks and boilers. These hot water devices are very close to the work stations and this violates OSHA regulations. He said Urban Renewal and the City have put Mr. Glenn on a new sewer.line. Urban Renewal also helped Mr. Glenn get his property rezoned to the right zoning for the cleaners. Mr. Kumpe explained that this small neighborhood business is very important to the elderly community in that area. Mr. Kumpe said he feels if they do not bring this up to OSHA standards, OSHA may force Mr. Glenn to close down. Larry Smith asked if it would take an addition that large to take care of the equipment which has to be moved and Mr. Kumpe said it would. He said right now, they are occupying approximately 15 x 20 feet, but the equipment is very close. He explained that the equipment does need to be separated. Richard Osborne arrived at 4:00 P. M. He asked Mr. Kumpe if the written statement occupying the appeal fully covered the basis for the appeal. Mr. Kumpe said it did and Mr. Osborne asked no further questions. No one was present in opposition. The public hearing was concluded. APPEAL NO. 77-33 Thomas M. Glenn 20 North School The second item for consideration was the public hearing on Appeal No. 77-32, Vernon Wilson, 1120 Lindell Avenue, on an application to vary setbacks, or more specifically, he is asking for a variance from the street right-of-way from North Street of 13 feet and the required is 50 feet; a setback from Lindell Avenue of 47' feet and the required is 50 feet; and a setback from Mt. Comfort Road of 10 feet and the required is 60 feet. Mr. Vernon Wilson was present to represent. APPEAL NO? 77-32 Vernon Wilson 1120 Lindell Ave. INµ Board of Adjustment Meeting November 21, 1977 -2- Mr. Wilson said his land slopes from the back of his building to the east. He said he would like to build an office for two dentists or two doctors. He said he would hope to be able to build this building some time after the first of the year. He stated that the entrance will be from Lindell. Mrs. Mills asked if Mr. Wilson is proposing this building to be put on the foundation which is there already. Mr. Wilson said it is supposed to be built with the walls setting on a new foundation which will be one foot out from the slabwhich is presently there to keep from breaking that slab. Mrs. Mills asked is this foundation is good enough and Mr. Wilson said "yes". He noted that the measurements shown on the drawing do include a three-foot overhang. Chairman Yates asked if Mr. Wilson's property is still in condemnation with the City for additional right-of-way and Mt. Wilson said it is. Bobbie Jones explained to the Board that Mr. Wilson will have three setbacks from streets and one side yard setback (east). Mrs. Mills asked if Mr. Wilson could change the location of the building. Mr. Wilson explained that the northeast corner of the building is approximately 8-10 feet higher than Mt. Comfort Road. He said if he turned the building to run east/west, there would be approximately 4 feet_difference in elevation. Chairman Yates asked Mr. Wilson if he has tried other layouts to try to utilize the property and come closer to meeting the zoning requirements and Mr. Wilson said he has not tried to work out any other layouts. He said he had dumped 62 truckloads of creek bed gravel on the site when he built the car wash Mr. Wilson explained that on the southwest corner of his property, he is losing about 18 feet. At the southeast corner, he is not losing hardly any land. Larry Smith questioned if the required 50 feet takes into account the change in the Zoning Ordinance with regard to parking or no parking between the building and street, and landscaping. Bobbie Jones said "no". She explained that if he landscapes and has no parking between the building and street, the setback may be reduced to 25 feet. Richard Osborne showed Mr. Wilson how he could move the building to the west 221/2 feet, landscape between the building and Lindell, put the parking to the East of the building, and greatly reduce the amount of the variance requested. Carl Yates asked if the south property line is the line as it exists or the line after the additional right of way has been taken for North Street. Mr. Wilson felt this was after the condemnation but Bobbie Jones said that the west property line dimension on the architect's drawing is the same as it was in a 1961 survey so it would be before the additional right-of-way has been taken. No one was present in opposition. The public hearing was concluded. The third item for consideration was Appeal No. 77-34, Chuck Hoffman d/b/a Wo Chuck Development Company, on an application to vary setbacks at 339 Combs Avenue, property zoned R-2, Medium Density Residential District. The required is 25 feet from the street right-of-way and 2 inches. Chuck Hoffman was present to represent. Mr. Hoffman explained that he would like to put a covered front porch on to the house. He said the roof on the porch would protect the entrance to the house. He explained that the house was built in 1946 and had never had a porch built. He also explained that the other homes on the street are sitting closer to the street than this house. He said he feels this will enhance the property. APPEAL NO. 77-34 Wo Chuck Development 339 Combs Avenue he is requesting 19 feet, y5� Board of Adjustment Meeting November 21, 1977 Mr. Hoffman said they plan to completely rennovate the house before renting it. The porch will be built from the present doorway to within 6 inches of the north line of the house. He said they plan to build apartments on the land to the south. No one was present in opposition. The public hearing was concluded. Dr. White made a motion to approve the variance as requested on Appeal No. 77-33, Thomas M. Glenn d/b/a Glenn's Cleaners. Chester House seconded the motion, which passed 6-0. APPEAL NO. 77-33 Thomas M. Glenn 20 North School Larry Smith noted that no real plans have been APPEAL NO. 77-32 made by Mr. Wilson. Mrs. Mills asked if it is Vernon Wilson feasible to use the slab which is there and Larry 1120 Lindell Ave. Smith and Chester House felt he is planning to use this as fill for the building he is proposing. Larry Smith felt there should be some attempt made to try to meet the City zoning setback requirements. Chester House felt the building could be placed at a different angle and reduce the variance. Mrs. Mills felt Mr. Wilson has not really gone into the best use of the land. Chariman Yates felt that with the landscaping he could get a considerably smaller variance. He felt there has not been any attempt made to try to meet the zoning requirement. Larry Smith made a motion to deny the variance. Mrs. Mills seconded the motion. Richard Osborne asked Bobbie Jones to have Mr. Wilson check to see if the drawing is based on the 1961 survey and if the additional right-of-way for North Street is already being taken. He felt it is is already taken, Mr. Wilson could come back and ask for a rehearing. Richard Osborne felt this did influence his decision and he would be willing to rehear it if the distance shown is after right of way was taken. The variance was denied 6-0. Richard Osborne noted that the other houses on APPEAL NO. 77-34 the street are closer to the street than this house. Wo Chuck Development Co. Chester House made a motion to grant the variance 339 Combs Avenue as requested. Richard Osborne seconded the motion, which passed S-1, with Smith, House, White, Osborne, and Yates voting "Aye" and Mills voting "Nay". The minutes of the November 7, 1977 meeting were MINUTES approved as mailed. The meeting was adjourned at 4:40 P. M.